Wednesday, July 6, 2011

Both I and my wife had LUD update on Jan 9th. We got an RFE for her (but not me), asking for evidence regarding the bona fides of marriage. It will be great if you can share your experiences on RFE with us.

Here is what USCIS specifically requested:1. Birth certificates of children2. Documents of joint ownership of property such as car title, house (grant deed or rental agreement), etc.3. Joint income tax returns4. Joint financial accounts such as bank statements5. Spousal insurance coverage such as health insurance and life insurance

In my original application, I had submitted the marriage certificate (in English) from India. I can resubmit that.

We do not have kids. No car title or house on joint name. No rental agreement or utility bills on joint name. We do not have life insurance.

Please let me know if these documents sound reasonable enough to convince USCIS. If there is anything else that I can provide, please do let me know.

Thanks a lot!vinay.shah73@gmail.com

PS: I filed I-485 in Jan 2007 under EB-1 in Nebraska Service Center. My I-140 was also approved in Jan 2007. This was not a concurrent filing. I filed I-485 after getting I-140 approved. Got finger-print, EAD, AP in April.

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nb_des

04-14 11:51 AM

My LC is still in process after auditing (EB2). My employer wants to 'drastically' cut back my salary due the national depression, which is particularly affecting the field my company is operating in (sub-primes). If he does that, and I accept it, is LC in jeopardy? We filed back in September 2007 with a certain salary and now it will be lower. Do we have to communicate the change to the DOL? And if yes, what will happen? Do we have to re-file? Thank you to everybody for all the info you can give me! Really!:(

I think GC and your LC is for future job and as long as employer has ability to pay based on their financials it should be fine. But again I am no expert check with your immigration lawyer.

No reason to be shy IVians. The person at the other end of the line is human just like you and it is a part of their job to take our messages and convey them to the representatives.Making phone calls is crucial to this process....just do your part...and leave the rest to IV.. They are forcefully pursuing our interests...Please call !!!!!!

ok. let's say I-140 approved and pass 180 days. the person is working using ac21 and ead with a new company. the person is travelling using AP , the old company withdraw I-140, will he be able to come back in the us ?

once the person is working for the new company can he send the offer letter to avoid problem with 485. kinda of preemption - proactive approach or does the person needs to wait until ins request?

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girijas

06-13 04:17 PM

It's suprisingly difficult to get people to make calls - most of them think it is silly or wrong to lobby, when the fact of the matter is that, the louder ones are those who get heard - not necessarily the ones who have a stronger case :(

Anyway, since it has been some time since I made the calls myself, I will go ahead and make the calls again. I guess others who have called before can do the same.

Just Kidding - as long as you are wearing decent clothes no one should reject your visa (which otherwise should have been approved) for wearing a jeans or for not wearing formal dress.

But when someone created a thread for this - let me share "one dress" people shouldn't wear.- this is something you would want to avoid, this was told to me 9yrs back when i first came to this country and appeared for Interview first time.

1. No need to file new I-485- Has anyone done this?- Any risks that we should think about?

2. File new I-485- Has anyone done this?- Apart from the additional cost and document preparation time, is there any other downside?

Funny thing is before this happened, I ran into a lot of threads suggesting interfiling was easy. Now that it is at the doorstep, there are quite a few questions and some confusion. I am thinking of getting a 20 min appt with the M law firm.

Appreciate any responses or assistance!!!!

Cheers!

I found the following info from Ron G's website, not sure that most of it applies in this case... since both I-140 have been approved and the later one under EB2 does reference the EB3 priority date.

When an I-140 is approved, your priority date is perfected. If the labor substitution I-140 has been approved, then you own that priority date forever. If you have to file the new I-140 before the old one is approved, you can later show the CIS the two priority dates (from the petition approval notices) and pick the better preference category and earlier priority date - even though they may be from different petitions. In this case, "later" means after the I-140 with the earlier priority date is approved. All you need to do is write to the CIS and enclose copies of the relevant approval notices and the I-485 receipt notice. What you should do is make sure that they consolidate both I-140 petitions into the same file. You don't need to file a new I-485, all you need to do in interfile your second I-140.

You should make a copy of the approval notice for the first I-140, a copy of the receipt notice for the second I-140, and the write a letter to the CIS, asking them to give your second I-140 the priority date established by the first. You can cite the regulatory authority found HERE. (Refer text below) Send it to the correspondence address shown in the lower left portion of the receipt notice.

You can upgrade your preference classification while staying with the same employer, but you will need a new job. Attempting to use the same job with different minimum qualifications will call into question the legitimacy of the original labor certification. If the second I-140 is denied, it will have no effect on the first. There shouldn't be any difficulty porting in an LC substitution situation.

The CIS regulations at 8 CFR 204.5(e) provides for the retention of a previously established priority date under the circumstances described below:

(e) Retention of section 203(b)(1), (2), or (3) priority date. --

A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.

Thanks all. I did send the ITIN application and tax return documents together. I have called IRS multiple times, but they could not confirm anything about the status of ITIN processing. All they say is it is their peak time and I should wait up to 8 weeks to see if I get the ITIN letter :mad:. I have no idea what to do in case I don't get the ITIN letter within that timeframe :confused:.

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greenguru

01-31 10:34 AM

Hi,Yes, UnitedNations please join us. I know there are lot of people waiting for your serivces.

You might not have the time to respond to all the posts, but if you could give your inputs that would be great.

Who is United Nations? From your views, it seems like United Nations is a pretty strong asset. Please post more information.

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sina

04-16 10:28 AM

Hi Hope2007,

Did you talk to your attorney? How were you able to do so?My attorney says I can do so, I have asked him how. Our corporate office handles all and I do not have any information about this. I hope my attorney is correct and I do not find myself in trouble after I change location.Please post hope2007 if you know how this is possible.

Thanks

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jonty_11

05-15 10:27 AM

Good going IV.. Yes I agree being current means NOTHING...if it retrogresses again befor eyo uhave your GC in hand...u will be in a waiting game again like always...so reform is the only solution.